Available 24/7
Click to Call Now


Why Does It Help To Retain A Lawyer Early When Being Investigated?

Posted by Ernesto Gapasin | Sep 07, 2023 | 0 Comments

Is it self-serving to say that you should hire a lawyer as soon as possible?  It is to some degree, but more importantly, it's the most beneficial thing you can do when you are under investigation in the military or facing pending charges.  First of all, as much as someone who is accused of an offense may truly believe they can clear up all the facts on their own, and that they can take care of the situation and make it go away, you're really just hurting yourself when you try to take matters into your own hands.  What you have to understand from the very start is this:  No One Believes You!  They all think you did it!  You can say "I didn't do it" all day long 'til you're blue in the face, and military law enforcement, your command, nobody will believe you.  Unfortunately, commands in the military do look at it as "Guilty, Until Proven Innocent," when it should really be the other way around.  So, retain a lawyer as soon as possible so they are ready to assist you immediately.  Don't make the mistake of thinking you can take care of it by speaking reason, it doesn't help and you'll be manipulated into agreeing to an interrogation or an unwinnable polygraph.  Also understand that military attorneys are not detailed to an accused's case until they either get preferred charges, or the notice for separation.  By that point, the Government has already obtained incriminating statements, or they have already seized evidence from your home when you didn't want to consent in the first place.  A lot of heavy lifting has already taken place in preparation for a trial before a government defense counsel is appointed to represent you.  This is one reason why retaining a civilian counsel is helpful from the very start.  Second, retaining a lawyer as early as possible does influence how your unit and the Government chooses to proceed in your case.  When the JAG prosecutors learn that you have retained civilian counsel, it absolutely can affect how they choose to move forward on your case.  The reason is because civilian defense counsel like myself will file lots of motions and call lots of witnesses.  We just make it harder than the military counsel appointed to your case. Moreover, civilian counsel are not as easy to work with in light of the freedom we have.  I don't answer to a chain of command, and civilian attorneys don't have to be friends with everyone in the Staff Judge Advocates' office.  This gives a civilian defense counsel (referred to as a "CDC") the freedom to file anything they want, and to call out the prosecutors or your command where there is questionable conduct that unfairly prejudices you in court.   

About the Author

Ernesto Gapasin



There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment